News
- New: 5th edition of Q&A on Swiss insurance and reinsurance published with Legal 500
This country-specific Q&A gives a pragmatic overview of the law and practice of insurance & reinsurance law in the Switzerland.
It addresses topics such as contract regulation, licensing, penalties, policyholder protection, alternative dispute resolution as well as personal insight and opinion as to the future of the insurance market over the next five years. Downdload here.
- COVID-19: UK Supreme Court dismissed appeals by insurers in the FCA test cases on business interruption insurance and strenghtens the position of the insured
London, 15th January 2021: UK Suprme Court dismisses appeals y the insurers in the FCA test case against business interrutption insurers and strenghtens the position of the the policyholders. Here you could find the press release and the full judgement of the Supreme Court.
- Federal Council brings revised Insurance Contract Act into force
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We are happy to assist you with the required implementaion of any changes to your insurance products.
- Federal Council adopts dispatch on partial revision of Insurance Oversight Act
On 21 October 2020, the Federal Council adopted the dispatch on a partial revision of the Insurance Oversight Act (IOA). Please find further Information here.
- Reachability of our firm from 16th March 2020
Dear Clients and Business Partners
We are fully committed to you. Due to the current situation, we have decided that our employees and we will work from our home offices until further notice to protect our and other's health. As usual, you can reach us by email and phone.
However, there could be delays in receiving letters and parcels. We kindly ask you to refrain from sending us letters and to replace them with emails - as far as possible.
Thank you for your understanding.
Stay healthy!
Chris Bell, Sara Andrea Behrend, Ulrike Mönnich
- "Principles of of Reinsurance Contract Law" (PRICL) published
- Leander D Loacker appointed Professor of law at University of Zurich
We, the partners of mbh-attorneys-at-law, congratulate Prof Dr Leander D Loacker, who is Of-counsel to the firm, on his appointment as full Professor of Law at the University of Zurich. Leander succeeds Prof Dr Anton K. Schnyder from 1st August 2018 as head of the chair of Private and Business Law, Private International Law, International Civil Procedure and Comparative Law. We wish Leander every success and all the best in his new position and look forward to continuing to cooperate successfully with him.
Details and contact in our firm
- mbh in the top 20 Insurance law firms in Switzerland 2018
mbh ATTORNEYS AT LAW – Mönnich, Bell & Behrend KLG two years after its foundation inthe top 20 of Swiss law firms in insurance law, according to the business magazine Bilanz. We are grateful and thank our clients and colleagues for their recommendations. Please find the ranking here:
- Sara Andrea Behrend joins mbh as new partner
mbh Attorneys at law are delighted to announce that Sara Andrea Behrend has joined us as a partner as of 1st October 2017.
Sara Andrea Behrend qualified as an attorney at law in 2010 and specialises in transport and insurance law as well as aviation law. In addition, Sara advises and assists her clients generally; helping them with a range of problems from employment law to contract wordings, to competition law.
Sara is a private pilot and has a number of other interests, including taking part in triathlons.
Her contact details are:T: +41 44 55 21 687
M: +41 76 391 06 03
Email: sbehrend@mbh-law.chYou will find Sara's full CV here
- Federal Council opens consulting proceedings on a partial review of the Swiss insurance contract law
The Fedreal Council has opend the consulting proceedings on a partial review of the Swiss insurance contract law on 6 July 2016. You will find further information and documentation here. Please do not hesitate to contact us if you should need further advise on this.
- Event: Judicial control of general insurance conditions
On Tuesday 19 April 2016, the AIDA-Swiss Chapter held an event on the topic "Judicial control of general insurance conditions according to Art 8 of the Swiss Unfair Competition Act (UWG)" in Zurich. We are grateful for the lively interest of all participants and are pleased to share with you documentation in respect mbh's contribution for download.
- IDD - New European Directive on Insurance Distribution
Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution has been released. Please find an article by Helmut Heiss and Ulrike Mönnich on the new directive in HAVE/REAS 2016 (Issue 1) p. 25 to 34.
- PRICL
mbh appointed special advisors to Principles of Reinsurance Contract Law (PRICL), for the development of arbitration clauses.
PRICL is a project established in order to provide a uniform frame of reference and uniform legal terminology for reinsurance contracts. It is led by Professors Helmut Heiss and Anton Snyder at the University Of Zürich.
PRICL- PAC RE 5-AT v AmTrust North America Inc (AmTrust) No CV-14-131-BLG-CSO
This was a declaratory judgment action arising out of a demand for arbitration by AmTrust that had been sent to Pacific Re Inc. ("Pacific Re") and to Pac Re 5-At ("Cell 5"), a protected cell of Pacific Re.
A judicial declaration was sought that under Montana law Cell 5, and only Cell 5, was the proper party to the arbitration proceedings.
Cell 5 is a protected cell, but not an incorporated cell. The issue arose because Cell 5 was not a separate legal entity, de jure, but had many of the attributes of such an entity de facto.
It was held that under the relevant Montana statute, although a protected cell has many of the attributes of independence from the Protected Cell Company, it does not itself have the capacity to sue and be sued and remained a part of the Protected Cell Company, which can sue or be sued on the protected cell's behalf, in the same manner as it can enter agreements on the behalf of the protected cell. Therefore, Pacific Re was properly before the arbitration tribunal and would be bound by the results of the arbitration.- Brit UW Limited v F&B Trenchless Solutions Limited (“FBTS”) (2015 EWHC) 2237(Comm)
Brit UW Limited, acting for Brit Syndicate 2987 ("Brit"), sought a declaration that it had validly avoided a contractor's combined liability policy that it had entered into with the Defendant ("the Policy"). The avoidance was based on alleged material misrepresentation and failure to disclose material information prior to the conclusion of the Policy.
The case involved a lengthy consideration of the factual background and a counter allegation that the Plaintiff had affirmed the Policy
The judge found for Brit and held that the Policy had been validly avoided.
Link- 2016: Founding of mbh in Zurich
mbh became active in Zürich as of 1st January 2016. It was founded on the principles that we should provide the services that our clients want and need and bring an international approach to the practice of law. We have brought together a group of people from different countries and cultures, all with the same belief; it is not about us, but about you, our clients.
